ABSTRACT

This chapter outlines the material basis of human rights, and the scope of principles into which this has been elaborated through the various international instruments. When approaching the concept of human rights from a general perspective, one method is to generalize in broad categories and distinctions on the basis of what is perceived as universal human needs. A more scholarly approach, seemingly a paradox, is one of defining human rights concepts according to human needs and basic principles rather than according to their legal form or subjects. The Declaration is considered the most basic and well-known of all human rights instruments, and has served as a source of inspiration as well as legitimization of subsequent international human rights regulation. The price of consistency is lack of flexibility and, eventually, the danger of stagnation and ineffectiveness of human rights instruments to serve as measures of protection and promotion.